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HomeMy WebLinkAboutReal Estate, Environmental & Planning MINUTES 08-16-21 Page 2 of 11 CENTRALSAN CONTRACENTRAL •STA SANITARY DISTRICT 5019 IMHOFF BOARD OF DIRECTORS: REGULAR MEETING OF THE TAD J.PILECKI President CENTRAL CONTRA COSTA DAVID R. WILLIAMS SANITARY DISTRICT President Pro Tem REAL ESTATE ENVIRONMENTAL BARBARA°.HOITZ f MARIAHN LAURITZEN & PLANNING COMMITTEE MICHAEL R.MCGILL PHONE: (925)228-9500 M I N U T E S FAX. (925)372-0192 www.centralsan.org Monday, August 16, 2021 9:00 a.m. (A11 attendees participated via videoconference) Committee: Chair Mike McGill Member Barbara Hockett Guests: Randy Bodhaine (left after Item 5.a.) Terry Long (left after Item 5.a.) Russell Driver, ARC Alternatives (left after Item 5.c.) Staff. Roger S. Bailey, General Manager Kenton L. Alm. District Counsel Katie Young, Secretary of the District (left during Item 5.c.) Steve McDonald, Director of Operations Philip Leiber, Director of Finance and Administration Jean-Marc Petit, Director of Engineering and Technical Services Danea Gemmell, Planning and Development Services Division Manager Melody LaBella, Resource Recovery Program Manager Lori Schectel, Environmental and Regularoty Compliance Division Manager Paul Seitz, Collection System Operations Division Manager Dana Lawson, Senior Engineer (left during Item 6.a.) David Wyatt, Household Hazardous Waste Program Administrator Colleen Henry, Senior Environmentl Compliance Inspector Russ Leavitt, Engineering Assistant III (left after Item 5.c.) Amelia Berumen, Assistant to the Secretary of the District September 2, 2021 Regular Board Meeting Agenda Packet- Page 164 of 199 Page 3 of 11 Real Estate, Environmental & Planning Committee Minutes August 16, 2021 Page 2 1. Notice This meeting was held in accordance with the Brown Act as in effect under the State Emergency Services Act, the Governor's Emergency Declaration related to COVID-19, and the Governor's Executive Order N-29-20 that allowed attendance by Board Members, District staff, and the public to participate and conduct the meeting by teleconference, videoconference, or both. The agenda included instructions for options in which the public could participate in the meeting. 2. Call Meeting to Order Chair McGill called the meeting to order at 9:00 a.m. 3. Public Comments No comments. 4. Consent Calendar a. Review draft Position Paper to adopt Resolution No. 2021- accepting an irrevocable offer of dedication by separate instrument from Lori Maher for sanitary sewer purposes, accepting a map dedication from Gloria Terrace, LLC for sanitary sewer purposes, and authorizing staff to record the resolution with the Contra Costa County Recorder b. Review draft Position Paper to adopt Resolution No. 2021- accepting an irrevocable offer of dedication from MM Danville Apartments LLC for sanitary sewer purposes and authorizing staff to record the resolution with the Contra Costa County Recorder C. Review draft Position Paper to adopt Resolution No. 2021- accepting a map dedication from Laurel Knolls, LLC for sanitary sewer purposes and authorizing staff to record the resolution with the Contra Costa County Recorder COMMITTEE ACTION: Recommended Board approval. 5. Items for Committee Recommendation to the Board a.* Review draft Position Paper to consider a request for a real property agreement for Class 2 Encroachment at 95 North 1 st Avenue, Pacheco Ms. Gemmell provided an overview of the draft Position Paper and nature of the request. Staff prioritizes encroachment permit requests that protect District assets, and any new encroachment that is within a Class 2 category requires Board approval. She stated staff has reviewed this particular request to install September 2, 2021 Regular Board Meeting Agenda Packet- Page 165 of 199 Page 4 of 11 Real Estate, Environmental & Planning Committee Minutes August 16, 2021 Page 3 a billboard that would cross an 8-inch pipe that traverses along the proposed site and determined that the District can maintain and rehabilitate the pipe if needed. A letter from the applicant's legal counsel was received which was provided to the Committee in advance of the meeting (attached). Ms. Gemmell advised that the applicant, Randy Bodhaine, was present for this discussion. Member Hockett stated she had no issues with the request; Chair McGill said he concurred until receipt of the letter and asked for an explanation. Mr. Alm explained there was a perception that the Board may not approve; hence, the letter was received to request the agreement consideration. He explained a surface and subsurface easement does not go into air space, namely if maintenance can be done on the easement. Mr. Bodhaine's representative, Terry Long, stated that the sign would have a clearance of 36-feet to the bottom. He continued that conversations with staff had indicated the District would be against this request. Mr. Long confirmed the foundations for the billboard posts are outside of the easement. COMMITTEE ACTION: Recommended Board approval. b. Review draft Position Paper to conduct a public hearing on September 16, 2021 at 1:30 p.m., to consider relinquishment of a District sewer facility at 0 Country Club Drive and 1600 St. Andrews Drive in Moraga, adopt Resolution ordering relinquishment of the sewer facility constructed with Job 1567, authorize execution of a quitclaim deed, and authorize the recording of said documents Ms. Gemmell stated staff has worked with the Country Club on its permit application for improvements to their property. They want to construct inside of an easement for sewer mains that runs across the property. An alternative line was installed years ago. Staff determined that rather than do a real property agreement, the District could relinquish the mains and the Country Club would take ownership and responsibility since the only service is for club itself. With this action, the club would own a private line for their sole use and build improvements to their needs. COMMITTEE ACTION: Recommended Board approval. September 2, 2021 Regular Board Meeting Agenda Packet- Page 166 of 199 Page 5 of 11 Real Estate, Environmental & Planning Committee Minutes August 16, 2021 Page 4 C. Review draft Position Paper to conduct a public hearing to consider approval of Resolution No. 2021- adopting a Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program, and approving the proposed Solar Array Project on Central San's Lagiss Property; authorize the General Manager to 1) execute Amendment No. 1 to Central San's Power Purchase Agreement with REC Solar; and 2) amend an existing as-needed professional consulting services agreement with ARC Alternatives, increasing the cost ceiling. General Overview: Ms. LaBella provided an overview of the public hearing and Mitigated Negative Declaration (MND) approval process for the Solar Array Project. She noted that after this agenda posting, a comment letter was received from the California Department of Fish and Wildlife (CDFW) regarding the MND. She also noted that REC Solar has been absorbed by Duke Energy Sustainable Solutions (Duke Energy); therefore, as REC Solar was the name as awarded, moving forward, the Board may see both names interchangeably used. Staff had projected to bring a CEQA' item forward in May, however, the solar vendor had learned from their meetings with the Fire District that their requirements were more than anticipated and needed to first be reconciled. Ms. LaBella shared various project updates: • The design was changed to a southwest solar array orientation, which will be a higher benefit to the District. Additionally, the residential neighborhood will not be visually impacted by this orientation. • Environmental and geotechnical evaluations were completed and incorporated into the design, which also triggered additional stormwater requirements. • Duke Energy completed a solar glare analysis at the request of the nearby airport, in which no glare concerns were found. MND Update: On the prior, Mr. Leavitt stated efforts have been made to work with the Airport Land Use Commission (ALUC) during the MND process. The southwest orientation design change contributed to the successful glare analysis. He advised that there would be a public hearing before the ALUC this Thursday, August 19. Their only requirement in the staff report was to have lighting pointed downward which was already included in the MND. Mr. Leavitt discussed the development of the MND and that a dedicated Solar Array Project webpage on the Central San site included notices of intent to adopt the MND. Other outreach included a distribution of the Notice of Intent to local agencies and residents along the Blum Road corridor. The public California Environmental Quality Act September 2, 2021 Regular Board Meeting Agenda Packet- Page 167 of 199 Page 6 of 11 Real Estate, Environmental & Planning Committee Minutes August 16, 2021 Page 5 comment period ended August 13. The only comments received were the one request from the airport, and the new letter from CDFW. The CDFW letter mostly stated their jurisdiction and provided suggestions for additional mitigation. Although no Burrowing Owls have been found so far, it could be a species affected by the project. Language has been added to address what to do if found and during what particular period. Mr. Leavitt cautioned that if things do not get resolved with CDFW by the public hearing date, staff may need to instead recommend opening the public hearing and continuing it to a later date. REC Solar Agreement Update: Ms. LaBella explained that during the Request for Proposal process, the vendors were asked to include a $500,000 allowance for the cost of the PG&E interconnection. As a result of the added cost of Fire District requirements for fire access road and the slightly greater cost of the PG&E interconnection, REC Solar submitted a change order request to increase the price of the solar power accordingly. The Power Purchase Agreement provided different circumstances in which this could be requested. Staff and Central San's solar consultant reviewed this in depth, and determined it is within those parameters and the increase is a fair amount. The change order price changed the economics of the project, which were listed in the agenda materials and the project still meets the criteria in the Board's Energy policy. ARC Alternatives (ARC) Update: Mr. Driver stated his firm has performed a financial analysis at every stage of the project. Regarding the power price increase, he noted the District will have a benefit with the orientation change that will increase energy. On slide 9, he noted the estimated cost with PG&E, which was a lengthy process, and the required fire access road. ARC is hopeful that the part of the proposed change order related to the PG&E interconnection cost will not come to pass, an approximate $20,000-$25,000 swing. He noted that the change order will likely focus on the fire access road; however, the final PG&E numbers are not expected until November. Mr. Driver stated the project cash flow is positive throughout the entire life of the program. During the first year of operation, the District will likely save $68,000 from utility bill savings that would grow over time. Ms. LaBella stated additional services are needed with ARC, who has vast experience with difficult projects and with plants that use a cogeneration system like Central San. Staff seeks authority to increase the cost ceiling, which would now exceed its authority. The Committee had no questions and recommended each item proposed. COMMITTEE ACTION: Recommended Board approval. September 2, 2021 Regular Board Meeting Agenda Packet- Page 168 of 199 Page 7 of 11 Real Estate, Environmental & Planning Committee Minutes August 16, 2021 Page 6 d. Review draft Position Paper to authorize renewal of a 25-year license agreement with the City of Orinda for the use of Central San real property for the St. Stephen's Trail as part of a bicycle and pedestrian trail Ms. Gemmell stated staff has been reviewing District leases, of which the trail lease to the City of Orinda had expired. Staff worked with District Counsel to update the license template, including insurance requirements. The new 25- year lease package was presented to the City with no issue; City staff will present to the City Council in September for its approval. COMMITTEE ACTION: Recommended Board approval. 6. Other Items a. Receive update on Non-Flushable Wipes and recent dispersibility study Mr. Seitz provided a historical overview of the effect of wipes in the District's collection system. With the rush in 2020, during the onset of the pandemic for toilet paper products, a careful eye was had on the system; fortunately, no increase in overflows occurred. This year, to-date, there have been no overflows experienced attributable to wipes. In his conversations with other operations staff about pump station (PS) performance, it was noted that PS staff have seen a decrease in wipes issues. Moraga PS had historically experienced the highest amount of such cases. However, efforts were made to educate the public, including an article in the District's Pipeline newsletter. Grinders are being installed at the Moraga PS as part of a capital improvement project with the hope it will help with the wipes problem in the future. He stated operations is moving in a very good trend. Mr. Seitz provided an update on the following industry related items: • A large manufacturer, Kimberly-Clarke, recently settled in their part of a class-action lawsuit filed by a South Carolina utility against big-name companies. Kimberly-Clarke agreed to comply with IWFSG2 standards and specifications. They will now state they meet such standards and will also a include a statement to not flush non-compliant wipes on their packaging. This was a giant step in the right direction that has not yet occurred in the wipes campaign. • Regarding Assembly Bill (AB) 818 - a bill that would require certain wipes packaging to be clearly labeled with a do not flush statement and identifiable symbol, establish enforcement provisions, and California consumer and outreach educational programs - a comprehensive 2 IWFSG stands for International Water Sector Flushability Group. This international group determines flushability specifications for wipes. In short, that standard states a requirement for 80% wipes disintegration at the end of a test. September 2, 2021 Regular Board Meeting Agenda Packet- Page 169 of 199 Page 8 of 11 Real Estate, Environmental & Planning Committee Minutes August 16, 2021 Page 7 multimedia outreach has started in the state. Although it has taken some time to move through, Mr. Seitz noted that the bill has gone through many committees and has yet to receive a no vote. The bill was sent back to the Judiciary Committee at the end of June with a consent calendar recommendation. Thus, this also looks promising. Lastly, Mr. Seitz stated the Collection System Operations (CSO) group participates in all work system workgroups. Recently, participation in the California Association of Sanitation Agencies (CASA) Wipes Dispersibility Study was taken. Not surprisingly, as part of the study components, one take- away was that anything with any form of plastic product did not disperse; however, if CSO keeps the system pipes clean, wipes will go through the system. He concluded that wipes are having less of an impact on operations than just a few years ago; legislation is moving forward, and the Kimberly-Clarke settlement was a huge success. Overall, a good news report. The Committee concurred with the positive news update. Chair McGill mentioned he thought the addition of grinders at the Moraga PS was a good idea to help reduce clogging; heading in a good direction. Member Hockett noted that the District still has several issues to contend with, not only prevention, but massive plastics that return back into the water, grinders will make the plastic pieces smaller. Mr. Seitz replied that screens are also in place and staff is doing all that they can at this time. COMMITTEE ACTION: Received the update. b. Receive update on the 2021 Pollution Prevention (P2) Awards, including P2 Award Winners, Recycled Water Champions, Water Quality Community Partners, and P2 Partners Ms. Henry reviewed the list of 2021 P2 Awards and provided a highlight of each of the awardee's accomplishments. The awards will be presented virtually on September 22, which is free public event. The dynamic actions taken by the awardees during the past year were commendable. In response to a question posed by Chair McGill on the selection process, Ms. Henry stated it is a team effort that involves representatives from different areas to identify nominees per category. Member Hockett inquired about the Pharmaceutical Disposal Program collaborators and changes to the disposal program. Mr. Wyatt offered that Central San's program started in 2009 and has been a successful program. However, since 2018, MedProject has taken the lead for pharmaceutical collection in the County as manufacturers are required to provide a sponsored organizational program under the CCC Safe Drug Disposal Ordinance. September 2, 2021 Regular Board Meeting Agenda Packet- Page 170 of 199 Page 9 of 11 Real Estate, Environmental & Planning Committee Minutes August 16, 2021 Page 8 Currently nine of the original 13 District collection sites remain. Ms. Schectel stated staff intends to bring forth an update at a future meeting. COMMITTEE ACTION: Received the update. 7. Announcements Ms. Gemmell announced that AgLantis CoCo Farm recently received approval from the County Public Works department to construct their greenhouse after a seven-year wait. This was a milestone achievement and they plan to move forward with the greenhouse construction on Central San's property. 8. Suggestions for future agenda items a. Receive list of upcoming agenda items and provide suggestions for any other future agenda items COMMITTEE ACTION: Received the list. 9. Future scheduled meetings Monday, September 13, 2021, at 9:00 a.m. Monday, October 25, 2021, at 9:00 a.m. Monday, November 15, 2021, at 800 a.m. (Special) 10. Adjournment— at 10:25 a.m. * Attachment September 2, 2021 Regular Board Meeting Agenda Packet- Page 171 of 199 Item J a. (F�andout) withers Bergman LLP 505 Sansome Street,2nd Floor.San Francisco.California 94111 t:+1 415 872 3200 f. +1 415 549 2480 www.%Vtthersworid%vide.com August 11, 2021 General Manager, Staff and Counsel Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 Sent via e-mail to kyoung(c�centralsan.org via fax to (925) 676-7219 and via Federal Express Re: Requested Immediate Executive Session Action Interpretation of Easement at 95 1st Ave. N., Pacheco, CA Ladies and Gentlemen: We represent 95 First Ave N LLC, owner of property at 95 1St Ave. N., Pacheco, as well as its Manager, Randall Bodhaine. The District holds an easement over our client's property, recorded in County records at April 26, 1977 at Book 8303, page 36 and following. Your staff is familiar with the basics of the matter at issue here. The District holds an 'exclusive easement" over my client's property for the express purposes of"constructing, maintaining and operating sewer pipes therein and thereon...together with the reasonable right of access to such easement...." The District's rights go no further. The District's "exclusivity" within the easement area is not further defined. It is the District's pre-printed form, used without alteration. The District does not have air rights, and those rights cannot be implied from this express and limited grant. My client proposes to erect a billboard whose podium or foundation is outside the easement area. The billboard will overhang the easement area with 34 (thirty-four) feet of clearance. There is no conceivable way that this can interfere with the bare installation and maintenance rights granted to the District. After reviewing the law on "exclusivity", we conclude, and so we believe will your counsel, that the only reasonable reading of the term in this context is that the District possesses the exclusive right of"constructing, maintaining and operating sewer pipes therein and thereon...together with the reasonable right of access to such easement...." and that so long as another proposed use does not interfere with those rights, such uses are permissible. The fact that the District qualifies its own entry rights into the easement area as "the reasonable right of access" conclusively demonstrates the point. We have no doubt that the property owner has the right to install a billboard with 34 feet of clearance. On a related matter, your staff referred my client to your published pamphlet titled "Encroachments." This again suggests staffs misunderstanding of the basics. My client does not propose to "encroach" on your easement. The District does not own or control the airspace my client will use. My client is required to obtain your approval for this project and you have unreasonably refused to give it or even entertain an application. Our client views your refusal to receive and process the application as bad faith on the District's part. Moreover, a rejection of the application would be considered to be arbitrary, capricious and unreasonabie by applicable legal standards. The District's prevention of our client's project would in our opinion constitute a taking and an expensive one at that. Perhaps your staff simply doesn't understand the extent of the legal direct:+1 415 872 3212 London Ca3nbridge Geneva Milan Padua fax.+1 415 549 2442Kong e•maii:sieve-wilson@witherswor dwide.com Hung New Singapore Tn Grr British Virgin Islands admitted in California and United States Tax Court New link &rsfnn rcnwtch New Haven SF90147/0001-US-975714611 San Franciscu Los Angeles ttan[hn Santa Fe San Diego September 2, 2021 Regular Board Meeting Agenda Packet- Page 172 of 199 Central Sanitary District Page 11 of 11 August 11, 2021 rights that the District does and does not have under the easement, and in order to bring this to a point, we ask you to urgently consider this matter in Executive session prior to your August 16, 2021 meeting and contact us immediately afterward with your determination. We sincerely hope that this amounts to a simple misunderstanding on the part of staff. In any event, we look forward to your prompt response. Very truly yours, William Stephen Wilson WSWlmul cc: Mr. Randall Bodhaine S F001 4710001-U 5-9757146/1 September 2, 2021 Regular Board Meeting Agenda Packet- Page 173 of 199